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Divine Labours, Devalued Work: The Continuing Saga of India’s Surrogacy Regulation

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Prabha Kotiswaran, Sneha Banerjee

Original languageEnglish
Pages (from-to)1-21
Number of pages21
JournalIndian Law Review
Volume0
Issue number0
Early online date8 Nov 2020
DOIs
Accepted/In press18 Sep 2020
E-pub ahead of print8 Nov 2020

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Abstract

This article offers a feminist critique of the Surrogacy (Regulation) Bill, 2019. Fifteen years since the first proposed regulation of assisted reproductive technologies and surrogacy, the 2019 Bill leaves much to be desired. It reflects a limited understanding of the complexities of surrogacy, is discriminatory in its approach, is plagued by lack of clarity, is unrealistic and most importantly, does not include adequate safeguards for the surrogate. Women’s reproductive labour in performing surrogacy is valorized but not compensated. Even though the Bill may well accept some recommendations of the Rajya Sabha select Committee, its failure to address issues that we highlight will mean that if passed, it will be challenged in the courts on constitutional grounds. This will generate uncertainty for years, for many infertile couples and individuals who look to the law for streamlined regulation, defeating its main purpose in facilitating a novel mode of reproduction.

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